Jackson County prosecutor dismisses charges against Keith Carnes, will not retry him
The Jackson County Prosecutor’s Office announced Friday it will not seek to retry Keith Carnes, a Kansas City man whose conviction in a 2003 murder was set aside by the Missouri Supreme Court.
Carnes, 51, will be freed after the state’s highest court determined the prosecutor in his case had failed to disclose evidence.
“We fully accept the Supreme Court’s finding,” the prosecutor’s office said in a statement Friday. “Our review of the evidence does not establish that Carnes is actually innocent; however, because the evidence is also insufficient to prove guilt beyond a reasonable doubt, we cannot retry Carnes. “
The prosecutor’s office said it had been reviewing the situation since the court announced its decision Tuesday. Carnes was convicted of armed criminal action and first-degree murder in 2006 for the killing of 24-year-old Larry White.
The prosecutor’s office said Friday the Supreme Court’s ruling concerned a witness who testified at Carnes’ trial. His attorneys were not provided with the witnesses’ first statement and were not able to cross examine the witness. Prosecutors agreed Carnes’ right to a fair trial was violated as a result.
Chris Iliff, legal director of the nonprofit Miracle of Innocence, which has supported Carnes, said Friday he is not sure exactly when Carnes will be released.
“We’re overjoyed that justice has finally been done in the case,” Iliff said.
Witness statements
Two witnesses, Wendy Lockett and Lorraine Morrow, maintained for nearly a decade that Carnes chased White into the parking lot and shot him multiple times.
Lockett said she recognized Carnes because of his eye patch, which no other drug dealer she knew at the time had. But in 2014, Lockett recanted her testimony, alleging that she had been coerced into identifying Carnes. Morrow also recanted her testimony and recalled being pressured by then-Assistant Prosecutor Amy McGowan into identifying Carnes by saying other witnesses had pointed him out.
Reginald Thomas, who Morrow had identified in the original lineup, said he was with family during the night of the murder at the hearing.
McGowan also prosecuted the case of Ricky Kidd, a Kansas City man who spent 23 years behind bars for a double murder he did not commit. Kidd was exonerated and freed in 2019.
Further complicating Carnes’ case, Lockett testified in a 2021 court hearing that her original testimony actually was accurate and she was harassed into recanting by Carnes’ supporters.
At the same hearing, Morrow said she was suffering from too many medical conditions to remember the night of the murder clearly.
Another witness, Kermit O’Neal, said he was a friend of Carnes’ in 2003. He alleged that police intimidated him and attempted to “put words in his mouth” when recounting the night of the murder.
O’Neal said White had a heated exchange with another dealer about selling drugs on his property and warned him not to come back prior to the shooting.
The other dealer was not Carnes, according to O’Neal.
Prosecutor’s office accepts findings
In its statement Friday, the prosecutor’s office said it accepted the Missouri Supreme Court’s findings that Carnes’ rights were violated.
“Jackson County takes this finding with the utmost seriousness,” the statement said. “Discovery practices have changed substantially since 2003. Though the process has greatly improved, we are also building a new electronic system or bridge between our office and KCPD to ensure that all reports are transferred.”
The prosecutor’s office said a special master’s investigation found no misconduct in Carnes’ case.
Members of the prosecutor’s office met Friday with White’s relatives, who are planning a celebration of his birthday next week.
White’s killing remains under investigation.
This story was originally published April 8, 2022 at 3:49 PM.
